State v. Badakhsan

Defendant was charged with four counts of forcible rape. Section 566.030.1 RSMo. Cum.Supp.1984. The authorized punishment for this subsection is life or a term of not less than five years. The charged crimes are class “B” felonies. See, MAI-CR 20.02, notes on use No. 3. Defendant appeals conviction of all four counts of the class “A” felony of forcible rape aggravated by subjecting the prosecuting witness to sexual intercourse with more than one person. Section 566.030.2 RSMo.Cum. Supp.1984. Defendant was tried jointly with a co-defendant. A third defendant became ill during trial and was…